43802 Federal Register / Vol. 70, No.
145 / Friday, July 29, 2005 / Proposed Rules
prohibited from participating in the
affairs of any federally insured credit
union for a period of up to five years;
and, alternatively, or in addition,
(2) Assessed a civil monetary penalty
of not more than $250,000.
(b) Other penalties. The penalties in
paragraph (a) of this section are not
exclusive, and a senior examiner who
violates the restrictions in § 796.3 also
may be subject to other administrative,
civil, and criminal remedies and
penalties as provided in law.
§ 796.6 What other definitions and rules of
construction apply for purposes of this
part?
For purposes of this part, a person
shall be deemed to act as a ‘‘consultant’’
for a federally insured credit union or
other company only if the person works
directly on matters for, or on behalf of,
such credit union.
[FR Doc. 05–14808 Filed 7–28–05; 8:45 am]
BILLING CODE 7535–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–21975; Directorate
Identifier 2005–NM–122–AD]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 727 Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for all
Boeing Model 727 airplanes. This
proposed AD would require revising the
Limitations section of the Airplane
Flight Manual to prohibit resetting a
tripped circuit breaker for a fuel pump.
This proposed AD results from fuel
system reviews conducted by the
manufacturer. We are proposing this AD
to prohibit the resetting of a tripped
circuit breaker for a fuel pump, which
could allow an electrical fault to
override the protective features of the
circuit breaker, and could result in
sparks inside the fuel tank, ignition of
fuel vapors, and consequent fire or
explosion.
DATES: We must receive comments on
this proposed AD by September 12,
2005.
VerDate jul<14>2003 17:15 Jul 28, 2005 Jkt 205001
ADDRESSES: Use one of the following
addresses to submit comments on this
proposed AD.
• DOT Docket Web site: Go to
http://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to http://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590.
• Fax: (202) 493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sulmo Mariano, Aerospace Engineer,
Propulsion Branch, ANM–140S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 917–6501; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant
written data, views, or arguments
regarding this proposed AD. Include the
docket number ‘‘FAA–2005–21975;
Directorate Identifier 2005–NM–122–
AD’’ at the beginning of your comments.
We specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
the proposed AD. We will consider all
comments received by the closing date
and may amend the proposed AD in
light of those comments.
We will post all comments we
receive, without change, to http://
dms.dot.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact with FAA
personnel concerning this proposed AD.
Using the search function of that Web
site, anyone can find and read the
comments in any of our dockets,
including the name of the individual
who sent the comment (or signed the
comment on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78), or you may visit http://
dms.dot.gov.
Examining the Docket
You may examine the AD docket on
the Internet at http://dms.dot.gov, or in
person at the Docket Management
PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\29JYP1.SGM
Facility office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The Docket
Management Facility office (telephone
(800) 647–5227) is located on the plaza
level of the Nassif Building at the DOT
street address stated in the ADDRESSES
section. Comments will be available in
the AD docket shortly after the Docket
Management System receives them.
Discussion
The FAA has examined the
underlying safety issues involved in
recent fuel tank explosions on several
large transport airplanes, including the
adequacy of existing regulations, the
service history of airplanes subject to
those regulations, and existing
maintenance practices for fuel tank
systems. As a result of those findings,
we issued a regulation titled ‘‘Transport
Airplane Fuel Tank System Design
Review, Flammability Reduction and
Maintenance and Inspection
Requirements’’ (67 FR 23086, May 7,
2001). In addition to new airworthiness
standards for transport airplanes and
new maintenance requirements, this
rule included Special Federal Aviation
Regulation No. 88 (‘‘SFAR 88,’’
Amendment 21–78, and subsequent
Amendments 21–82 and 21–83).
Among other actions, SFAR 88
requires certain type design (i.e., type
certificate (TC) and supplemental type
certificate (STC)) holders to substantiate
that their fuel tank systems can prevent
ignition sources in the fuel tanks. This
requirement applies to type design
holders for large turbine-powered
transport airplanes and for subsequent
modifications to those airplanes. It
requires them to perform design reviews
and to develop design changes and
maintenance procedures if their designs
do not meet the new fuel tank safety
standards. As explained in the preamble
to the rule, we intended to adopt
airworthiness directives to mandate any
changes found necessary to address
unsafe conditions identified as a result
of these reviews.
In evaluating these design reviews, we
have established four criteria intended
to define the unsafe conditions
associated with fuel tank systems that
require corrective actions. The
percentage of operating time during
which fuel tanks are exposed to
flammable conditions is one of these
criteria. The other three criteria address
the failure types under evaluation:
Single failures, single failures in
combination with another latent
condition(s), and in-service failure
experience. For all four criteria, the
evaluations included consideration of
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 Federal Register / Vol. 70, No. 145 / Friday, July 29, 2005 / Proposed Rules
previous actions taken that may mitigate
the need for further action.
Based on this process, we have
determined that the actions identified in
this AD are necessary to reduce the
potential of ignition sources inside fuel
tanks, which, in combination with
flammable fuel vapors, could result in
fuel tank explosions and consequent
loss of the airplane.
The airplane manufacturer has also
determined that, if a tripped circuit
breaker for a fuel pump is reset, an
ignition source may be created in the
fuel tank. The tripping of a circuit
breaker indicates an electrical fault.
Resetting the circuit breaker may result
in the electrical fault overriding the
protective features of the circuit breaker,
which could result in sparks inside the
fuel tank, an ignition source for fuel
vapors, and consequent fire or
explosion.
FAA’s Determination and Requirements
of the Proposed AD
We have evaluated all pertinent
information and identified an unsafe
condition that is likely to exist or
develop on other airplanes of this same
type design. For this reason, we are
proposing this AD, which would
prohibit the resetting of a tripped circuit
breaker for a fuel pump, which could
allow an electrical fault to override the
protective features of the circuit breaker,
and could result in sparks inside the
fuel tank, ignition of fuel vapors, and
consequent fire or explosion.
Costs of Compliance
There are about 600 airplanes of the
affected design in the worldwide fleet.
This proposed AD would affect about
300 airplanes of U.S. registry. The
proposed actions would take about 1
work hour per airplane, at an average
labor rate of $65 per work hour. Based
on these figures, the estimated cost of
the proposed AD for U.S. operators is
$19,500, or $65 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
VerDate jul<14>2003 17:15 Jul 28, 2005 Jkt 205001
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that the proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD. See the ADDRESSES
section for a location to examine the
regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13 [Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
BOEING: Docket No. FAA–2005–21975;
Directorate Identifier 2005–NM–122–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by September 12, 2005.
Affected ADs
(b) None.
PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\29JYP1.SGM
43803
Applicability
(c) This AD applies to all Boeing Model
727, 727C, 727–100, 727–100C, 727–200, and
727–200F series airplanes; certificated in any
category.
Unsafe Condition
(d) This AD results from fuel system
reviews conducted by the manufacturer. We
are issuing this AD to prohibit the resetting
of a tripped circuit breaker for a fuel pump,
which could allow an electrical fault to
override the protective features of the circuit
breaker, and could result in sparks inside the
fuel tank, ignition of fuel vapors, and
consequent fire or explosion.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Revise the Airplane Flight Manual (AFM)
(f) Within 30 days after the effective date
of this AD, revise the Limitations section of
the Boeing 727 AFM to include the following
statement. This may be done by inserting a
copy of this AD into the AFM.
‘‘Do not reset a tripped fuel pump circuit
breaker.’’
Note 1: When a statement identical to that
in paragraph (f) of this AD has been included
in the general revisions of the AFM, the
general revisions may be inserted into the
AFM, and the copy of this AD may be
removed from the AFM.
Alternative Methods of Compliance
(AMOCs)
(g) The Manager, Seattle Aircraft
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested in
accordance with the procedures found in 14
CFR 39.19.
Issued in Renton, Washington, on July 21,
2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–15016 Filed 7–28–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2003–15471; Airspace
Docket No. 03–AWA–6]
RIN 2120–AA66
Proposed Modification of the
Minneapolis Class B Airspace Area;
Minneapolis
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (SNPRM).
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